[HISTORY: Adopted by the Board of Supervisors of the Township
of Lower Gwynedd 10-27-2009 by Ord. No. 468. Amendments noted where
applicable.]
GENERAL REFERENCES
Building, housing and fire prevention — See
Part Fourteen.
The Pennsylvania Workers' Compensation Act (Act of June
2, 1915, P.L. 736, as amended), 77 P.S. §§ 1 through
1041.4 (hereafter the "Act"), provides for additional coverage for
members of volunteer fire departments or volunteer fire companies
as well as members of a volunteer ambulance corps, who may be considered
employees of a municipality for purposes of the Act, when such persons
are engaged in the performance of duties enumerated in the Act at
Section 601(a)(1) and (2), or when such persons are engaged in the
performance of such other duties as authorized by the municipality
served by such persons. The Board of Supervisors declares as a matter
of legislative determination and public policy, as necessary in the
public interest, that the provisions hereinafter contained and enacted
are for the benefit of those individuals dedicated to the protection
of the inhabitants of the Lower Gwynedd Township and are, therefore,
in pursuance of and for the purpose of securing and promoting the
public health, comfort, convenience, safety and welfare of the inhabitants
of the Township.
(a)
All volunteer members of the Wissahickon Fire Company and the North
Penn Fire Company (hereafter the "fire companies"), each of which
companies serves the inhabitants of the Lower Gwynedd Township, shall
be considered employees of the Township for purposes of receiving
compensation pursuant to the Pennsylvania Workers' Compensation
Act (Act of June 2, 1915, P.L. 736, as amended), 77 P.S. § 601
(a)(1), for injuries sustained while actively engaged in performing
the following duties:
(1)
Responding to alarms, including all emergency and fire-fighting
activities related thereto; auto rescue; water rescue; hazardous materials
alarms; and assistance to other municipalities (whether on an emergency
scene in another municipality or on standby at the fire company when
requested by another municipality); assistance to the fire police;
and all special alarms as authorized by the Fire Chief or the Officer
in Charge. For purposes of this paragraph, "responding to alarms"
shall include the volunteer firefighter's travel from and the
direct return to a firefighter's home, place of business or other
place where he or she shall have been when he or she received the
call or alarm.
(2)
Answering any emergency calls for any purpose or while riding
upon the fire apparatus which is owned or used by the fire companies.
(3)
Performing repair, maintenance of or other work on fire company
equipment, buildings and property at the direction of the Fire Chief
or Officer in Charge.
(4)
Participating in instruction fire drills and other training
exercises pertaining to the operation and certification of the fire
company, including training exercises in conjunction with fire companies
in other municipalities, as authorized by the Fire Chief or Officer
in Charge.
(5)
Participating in Fire Prevention Week activities in the Township
and with fire companies in other municipalities, when authorized by
the Fire Chief or the Officer in Charge.
(6)
Participating in fund-raising events sponsored by the fire companies
at their firehouses or on Township property. Participation in fund-raising
activities of any kind at all other locations shall not be allowed
without the prior written authorization of the Township Board or Manager
acting on behalf of the Board.
(7)
Participating in parades, equipment housings and funerals for
fire personnel within Lower Gwynedd Township, and in other municipalities
only with the prior written authorization by the Township Board or
the Manager acting for the Board.
(8)
Participating in any and all additional events or activities
for which such participation is expressly preauthorized in writing
by the Township Board or the Manager acting for the Board.
(b)
All volunteer members of the Community Ambulance Association, Ambler
(hereafter the "ambulance company"), which serves the inhabitants
of Lower Gwynedd Township, shall be considered employees of the Township
for purposes of receiving compensation pursuant to the Pennsylvania
Workers' Compensation Act (Act of June 2, 1915, P.L. 736, as
amended), 77 P.S. § 601 (a)(2), for injuries sustained while
actively engaged as ambulance corpsmen, including the following duties:
(1)
Responding to emergencies, including fire, accident or other
emergencies, and all special alarms as authorized by the ambulance
company. For purposes of this paragraph, "responding to emergencies"
shall include the ambulance corpsman's travel from and the direct
return to a corpsman's home, place of business or other place
where he or she shall have been when he or she received the call or
alarm.
(2)
Answering any emergency calls for any purpose or riding in or
upon the ambulance apparatus which is owned by the ambulance company.
(3)
Performing maintenance of ambulance apparatus, buildings and
property, when such activity is authorized by the ambulance company.
(4)
Participating in training exercises pertaining to the operation
and certification of the ambulance company, including training exercises
in conjunction with ambulance companies in other municipalities, as
approved by the ambulance company.
(5)
Participating in fund-raising events sponsored by the ambulance
company on Township property. Participation in fund-raising activities
of any kind at all other locations shall not be allowed without the
prior written authorization of the Township Board or the Manager acting
for the Board.
(6)
Participating in parades and other events within Lower Gwynedd
Township, and in other municipalities only when expressly preauthorized
in writing by the Township Board or Manager acting for the Board.
(7)
Participating in any and all additional events or activities
for which such participation is expressly preauthorized in writing
by the Township Board or Manager acting for the Board.
(c)
Except where otherwise stated herein, nothing contained in this section
shall be considered to limit in any way the activities for which compensation
is available to volunteer fire personnel or volunteer ambulance corpsmen
pursuant to the Pennsylvania Workers' Compensation Act (Act of
June 2, 1915, P.L. 736, as amended), as set forth in 77 P.S. § 601
(a)(1) and/or (a)(2).
